Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Are nursing home bedsores a sign of neglect?
Yes, in many cases. Stage 3 or Stage 4 pressure ulcers almost never develop in a properly supervised resident. When nursing home staff fail to reposition immobile residents, ensure adequate nutrition and hydration, or respond to early warning signs, bedsores develop and worsen. That failure is the definition of neglect.
What New York law allows a bedsore lawsuit against a nursing home?
New York Public Health Law §2801-d gives nursing home residents a private right of action against any facility that deprives them of rights or benefits established under federal or state law. Residents are entitled to a care environment free from neglect, which includes the prevention and proper treatment of pressure ulcers. A violation of that standard can give rise to a civil claim for compensatory and punitive damages.
What do you need to prove in a New York nursing home bedsore lawsuit?
You generally need to show that the facility owed a duty of care to the resident, that staff breached that duty by failing to follow recognized pressure ulcer prevention protocols, that the breach caused or worsened the bedsore, and that the resident suffered harm as a result. Medical records, nursing notes, wound care logs, and expert testimony from a wound care specialist or geriatrician are typically central to establishing these elements.
How long do you have to file a bedsore lawsuit in New York?
The statute of limitations depends on the theory of liability. A medical malpractice claim generally must be filed within two and a half years of the act or omission, or within two and a half years of the end of continuous treatment. A claim under NY Public Health Law §2801-d carries a three-year limitations period. Because these deadlines can overlap and interact, it is important to speak with a New York nursing home attorney as soon as possible.